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Waiting time for temporary green card after marriage with LPR in NJ

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  • Waiting time for temporary green card after marriage with LPR in NJ

    Hello everybody
    Does anybody know how long it takes to get the temporary green card (& temporary papers like work permit, SS#, ) after getting married with a GreenCard Holder,when applying for the I-130 Petition in New Jersey?
    Thanks for the response

  • #2
    Hello everybody
    Does anybody know how long it takes to get the temporary green card (& temporary papers like work permit, SS#, ) after getting married with a GreenCard Holder,when applying for the I-130 Petition in New Jersey?
    Thanks for the response

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    • #3
      You have to wait until they become citizen for them to apply for you.

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      • #4
        Hi JOSTO
        Thanks for the reply
        Do you mean he has to apply for citizenship first and then I can get work-permit etc..
        What if he doesn't apply for citizenship?

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        • #5
          I think you will have to wait for a number of years to become eligible. Why dont they want to file for naturalization?

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          • #6
            he has a felony (a bounced check for a fishing ticket in California 1990-1994) and a Driving under the influence/DUI (same dates), which is considered as a misdemeanor, so I don't know if that is a problem in showing good moral character/which is required for his naturalization?
            Somebody told us, that he might loose his green card for that, if that comes to the foreground, after the backround check from the INS.

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            • #7
              Did you guys file the I-130 already? If so, he'll be thoroughly checked and if something in his history shows up that makes him eligable for removal, then his permanent residency permission Could (not necessary will be) indeed revoked and you wouldn't be able to adjust your status via him. The whole point why some attorneys advise people with a criminal history not to apply for naturalization is exactly for this reason (the background checks and becoming removable).

              Don't panic though, the bounced check doesn't sound like something extremely serious and a one time simple DUI is forgivable, too. However, if the first conviction is a state felony, it will most likely be an "aggravated felony" for immigration purposes, making the alien permanently ineligable to establish "good moral character". In very few cases is it possible for an alien to not be able to naturalize, but to retain LPR status. The pro's and contra's are equal in your case in my opinion:
              - pro is that the problems occured before the law changes in 96/97, so he could be eligable for some older relief forms that are not as stringent.
              - contra is that it's two offenses, he may have a moral turpitude issue as well.

              I would, at this stage involve a good attorney or inform myself properly about the exact way he and consequently you stand! It's too complicated as that you could find meaningfull solutions to it here on this forum. Good luck!

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